Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.
Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.
Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.
Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.
Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been framed against the accused, Vijay Kumar v. State, 1977 CLR J&K 37 (41): 1977 FAJ 526.
Trial, is used in the sense of reference to a stage after the inquiry, State of Bihar v. Ram Naresh Pandey, AIR 1957 SC 589: 1957 SCC 282: 1957 SCR 279: 1957 SCJ 386: 1957 SCA 350: 1957 ILR 36 Pat 513.
Trial, may be understood in a limited sense, as meaning the final hearing of the petition consisting of examination of witnesses, filing documents and addressing before the tribunal from the time that the petition is transferred to it, Harish Chandra v. Triloki Singh, AIR 1957 SC 444; Indian Bank v. Maharashtra State Co-operative Marketing Federation Ltd., (1998) 5 SCC 69.
Trial, may mean the trial of a controversy that arises from an issue. It may equally mean the trial of an election petition or a complaint or an action from beginning to end, H.V. Kamath v. Election Tribunal, AIR 1958 MP 168.
Means the entire proceedings before the tribunal, Mubarak Mazdoor v. K.K. Baneji, AIR 1958 All 323.
Means a judicial examination in accordance with law of the land, of a cause, either civil or criminal, of the issues between the parties whether of law or fact, before a court that has proper jurisdiction, Black's Law Dictionary, 7th Edn., p. 1348; see also C.&.S.F. Rly. Co. v. Smit, Okl, 270 P 2d 629 (633); Pulaski v. State, 23 Wis. 2d 138, 126, N.W. 2d 625 (628).
Means a judicial examination in accordance with the law of the land, of a cause, either civil or criminal of the issues between the parties, Anand Swaroop Tiwari v. Ramratan Jatav, 1996 Jab LJ 8; Nemaichand Sen v. Kumud Behari Basu, 1951 ILR 1 Cal 404.
Means so far as trial before a court of session is concerned the judicial proceedings before court of session which ends in a judgment of acquittal or conviction of the prisoner. It means the whole of proceedings including the sentence, Janardhan v. State of Kerala, 1978 Ker LT 546.
Means the examination and determination of a cause by a judicial tribunal determination of guilt of innocence of an accused person by a court, State v. Haridas Mundhara, 1974 Cal WN 929.
Means the proceedings which commences when the case is called on with the Magistrate on the bench, the accused in the dock and the representative of the prosecution and defence, if the accused is defended, present in court for the hearing of the case, Dagdu Govindset v. Punja Vedu, AIR 1937 Bom 55.
Trial, the hearing of a cause, civil or criminal, before a judge who has jurisdiction over it, according to the laws of the land. 'Trial is to find out by due examination the truth of the point in issue or question between the parties, whereupon judg-ment may be given' (Co. Litt. 124 b).
A formal judicial examination of evidence and determination of legal claims in an adversary proceeding, Black's Law Dictionary, 7th Edn., p. 1510.
At a trial by jury now, as formerly in the Common Law Courts, the cause is called on, or the prisoner arraigned, before the jury is sworn. The parties may then challenge the jury. (see CHALLENGE.) The pleading are then (in civil causes and misdemeanours) opened by the junior counsel for the plaintiff; and if it appear that the burden of proof is on the plaintiff, his senior counsel states the case to the jury; after which the witnesses for the plaintiff are examined by his counsel, the cross-examination being generally conducted by the senior counsel for the defendant. If the defendant's counsel object to any question or any document, all the defendant's counsel are entitled to be heard on the objection, and all the plaintiff's counsel on the other side, and the senior counsel for the defendant in reply; and so if the plaintiff's counsel object mutatis mutandis. If the plaintiff have evidence to rebut the issues of which the burden of proof lies on the defendant, he may either produce it at the same time as his other evidence, or reserve it until after the defendant has given affirmative evidence on the issue. At the end of the plaintiff's evidence, the defendant's counsel declares whether he will call witnesses; and if he does not, the plaintiff's senior counsel sums up his evidence, and the defendant's senior counsel next addresses the jury, and the judge sums up. If the defendant's counsel calls evidence, he immediately opens his case to the jury, and the witnesses are called and examined as in the plaintiff's case. The plaintiff is, in general, entitled to call witnesses to rebut the evidence of the defendant, if he has not already given all his evidence, which is more generally the case. Then the defendant's senior counsel sums up, and the senior counsel for the plaintiff replies upon the whole case. The judge then sums up. By consent of both parties the verdict may be taken by the associate in the absence of the judge; but in a criminal trial he must be present.
In a criminal trial the effect of the pleadings is stated to the jury by the clerk of the Court, except in a case of misdemeanour, where that is done by counsel as in a civil cause. In other respects the order of proceeding is the same. After a conviction for misdemeanour the counsel for the defendant may address the Court in mitigation, and the counsel for the prosecution in aggravation, of his sentence. Sentence may be deferred to a future day.
Right to Trial by Jury. In criminal cases, where the accused is charged on indictment, the trial is always by a jury. In civil cases in the High Court, trial is without a jury, unless the Court otherwise orders; but where fraud is alleged, or in cases of libel, slander, malicious prosecution, false imprisonment, seduction, or breach of promise of marriage, an order is made for trial by a jury on the application of either party 'unless the Court or judge is of opinion that the trial thereof requires any prolonged examination of documents or accounts or any scientific or local investigation which cannot conveniently be made with a jury.' Under the Administration of Justice (Miscellaneous Provisions) Act, 1933 (23 & 24 Geo. 5, 36), s. 6, trial by jury is entirely at the discretion of the Court or judge, and see R.S.C. Ord. XXXVI., rr. 2-6; also Keeling v. Cook, (1934) 78 LJNC 306, and JURY. In county courts parties are entitled to trial by jury unless the judge, on the application of a party, decides that the action or matter cannot as conveniently be tried with a jury as without one. The judge, however, cannot order a trial without a jury where the High Court would not be able to do so. Admiralty proceedings; cases under the Increase of Rent and Mortgage Interest (Restric-tions) Acts re not tried by juries. See A.P., R.S.C. Ords. XXXVIII.A and XXXIX, and County Courts Act, 1934, s. 91, and the Annual County Courts Practice.
In the Chancery Division of the High Court, when the trial is by affidavit it is commonly called a hearing, and all the counsel on both sides are heard in order, the senior counsel for the party first heard (plaintiff or petitioner) being heard in reply. When an issue is tried by oral evidence before the Court itself, the Common Law practice is followed. In the Chancery Division actions are almost invariably tried by a judge alone, actions where a jury is thought desirable being usually transferred to the King's Bench Division. The trial in the Ecclesiastical Courts mostly resembles the former course of an ordinary trial in Chancery.
Consult the Annual Practice as to trial in civil causes; and Arch. Crim. Prac. As to trial in criminal cases.
Trial means act of proving or judicial examination or determination of the issues including its own jurisdiction or authority in accordance with law or adjudging guilt or innocence of the accused including all steps necessary thereto, Union of India v. Maj. Gen. Madan Lal Yadav, AIR 1996 SC 1340 (1346): (1996) 4 SCC 127.
(ii) The word 'trial' in s. 98 of the Representation of People Act, 1951 means the entire proceeding before the Tribunal from the reference to it by the Election Commission to the conclusion, Om Prabha Jain v. Gain Chand, AIR 1959 SC 837: 1959 Supp (2) SCR 516. (Representation of the People Act, 1951 s. 98)
Trial, though the word 'trial' is not defined either in the Code or in the Act, it is clearly distinguishable from inquiry. The word 'inquiry' is defined in s. 2(g) of the Code as 'every inquiry, other than a trial, conducted under this Code by a Magistrate or court'. So trial is distinct from inquiry and inquiry must always be a forerunner to the trial, Vidyadharan v. State of Kerala, (2004) 1 SCC 215 (222). [Criminal Procedure Code, 1973, s. 2(g)